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U.S. v. ALI

Nos. 05-2098, 05-2099.

508 F.3d 136 (2007)

UNITED STATES of America, Appellant v. Faridah ALI a/k/a Rita Spicer. United States of America, Appellant v. Lakiha Spicer a/k/a Kiki.

United States Court of Appeals, Third Circuit.

Filed: November 27, 2007.

Attorney(s) appearing for the Case

Patrick L. Meehan, United States Attorney, Robert A. Zauzmer, Assistant United States Attorney Chief of Appeals, Anthony J. Wzorek, (Argued), Assistant United States Attorney, Frank A. Labor, III, Assistant United States Attorney, Office of the United States Attorney, Philadelphia, PA, for Appellant.

Joel I. Fishbein, Esquire, (Argued), Gail Z. Weilheimer, Esquire, Frank, Rosen, Snyder & Moss, Elkins Park, PA, Alan L. Frank, Esq., Alan L. Frank Law Associates, Elkins Park, PA, for Appellee.

Before: McKEE, AMBRO and STAPLETON, Circuit Judges.

OPINION OF THE COURT

AMBRO, Circuit Judge.

The Government appeals the sentencing calculations and downward departures from the Sentencing Guidelines ranges for defendants found guilty of fraud. A criminal jury convicted Faridah Ali (also known as Rita Spicer) and her daughter Lakiha Spicer (together, "defendants") for using a school to obtain federal funds for classes that were never conducted. At sentencing, the District Court applied a reasonable-doubt...

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